David Errol King v. United States

Appellant was convicted in a non jury trial on two counts of an indictment— the first count charging importation of heroin in violation of 21 U.S.C. § 173 , and the second count charging the facilitation of the transportation and concealment of heroin knowing it had been imported illegally, in violation of 21 U.S.C. § 174 . He was sentenced to six years on each count, to run concurrently. The punishment prescribed for each offense is a minimum of five years and maximum of 20 years. The sentence of six years accordingly is one year above the minimum.

Judgment was entered on November 30, 1967. Appellee suggests that the appeal was not timely since the notice of appeal was filed on December 13, 1967. The record, however, discloses that the notice of appeal was dated December 6, 1967, and apparently was received by the clerk of court on December 8, 1967. An affidavit to proceed with the appeal in forma pauperis was also signed December 6 and was filed on December 11. An order permitting the appeal in forma pauperis and notice of appeal were then filed on December 13, 1967. The appeal was timely in view of the receipt by the clerk within ten days of notice of appeal signed by…